United States District Court Eastern District of California
November 24, 2009
UNITED STATES OF AMERICA
PROFESSIONAL ASBESTOS REMOVAL CORPORATION AKA PARC ENVIRONMENTAL
The opinion of the court was delivered by: Anthony W. Ishii, United States District Judge
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
ANTHONY P. CAPOZZI Defendant's Attorney
pleaded guilty to count(s): ONE of the Superseding Inform ation . pleaded nolo contendere to counts(s) which was accepted by the court. was found guilty on count(s) after a plea of not guilty.
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):
Date Offense Count ection Nature of Offense Concluded Number(s) 6928(d)(3) Making a false statem ent in a Uniform June 18, 2008 One
Hazardous Waste Manifest
The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is im posed to the Sentencing Reform Act of 1984. he record establishes no need for a presentence report pursuant to Fed. R. Criminal. P. 32.
Count(s) (is)(are) dism issed on the motion of the United States.
Inform ation is dism issed by District Court on m otion of the United States.
Appeal rights given. [U] Appeal rights waived.
IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this district within 30 ny change of nam e, residence, or m ailing address until all fines, restitution, costs, and special assessm ents by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States of material changes in economic circumstances.
The defendant is hereby sentenced to probation for a term of 3 YEARS.
TO BE BENCH/UNSUPERVISED
shall not commit another federal, state, or local crime.
judgment imposes a fine or a restitution obligation, it is a condition of Probation that the defendant pay in accordance with the of Payments sheet of this judgment.
must comply with the standard conditions that have been adopted by this court as well as with any additional conditions page.
STANDARD CONDITIONS OF SUPERVISION
SPECIAL CONDITIONS OF SUPERVISION
1. SEE ATTACHED.
CRIMINAL MONETARY PENALTIES
he defendant must pay the total crim inal monetary penalties under the Schedule of Paym ents on Sheet 6.
Assessm ent Fine Restitution otals: $400.00 $250,000.00 $177,235.82
he determ ination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be entered r such determ ination. defendant must m ake restitution (including com m unity restitution) to the following payees in the amount listed below.
the defendant makes a partial paym ent, each payee shall receive an approxim ately proportioned paym ent, unless cified otherwise in the priority order or percentage paym ent colum n below. However, pursuant to 18 U.S.C. § 3664(i),
nonfederal victim s must be paid before the United States is paid.
Payee Total Loss* Restitution Ordered Priority or Percentage
alifornia Departm ent of oxic Substances Control $177,235.82 dered this date in open court)
estitution am ount ordered pursuant to plea agreement $e defendant m ust pay interest on restitution and a fine of m ore than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the paym ent options on Sheet ay be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
The court determ ined that the defendant does not have the ability to pay interest and it is ordered that: The interest requirement is waived for the [ ] fine [ ] restitution The interest requirem ent for the [ ] fine [ ] restitution is modified as follows:
incarcerated, paym ent of the fine is due during im prisonment at the rate of not less than $25 per quarter paym ent shall be through the Bureau of Prisons Inmate Financial Responsibility Program.
incarcerated, paym ent of restitution is due during im prisonment at the rate of not less than $25 per quarter paym ent shall be through the Bureau of Prisons Inmate Financial Responsibility Program.
Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses itted on or after September 13, 1994, but before April 23, 1996.
SCHEDULE OF PAYMENTS
ent of the total fine and other crim inal monetary penalties shall be due as follows:
Lump sum paym ent of $427,635.82 due im m ediately, balance due [ ] not later than , or [ ] in accordance with [ ] C, [ ] D, [ ] E, or [ ] F below; or Paym ent to begin im m ediately (m ay be combined with [ ] C, [ ] D, or [ ] F below); or Paym ent in equal (e.g., weekly, m onthly, quarterly) installm ents of $over a period of (e.g., m onths or years), to comm ence (e.g., 30 or 60 days) after the date of this judgment; or Paym ent in equal (e.g., weekly, m onthly, quarterly) installm ents of $over a period of (e.g., m onths or years), to comm ence (e.g., 30 or 60 days) after release from im prisonment to a term of supervision; or Paym ent during the term of supervised release will comm ence within (e.g., 30 or 60 days) after release from im prisonment. The court will set the payment plan based on an assessm ent of the defendant's ability to pay at that tim e; or
Special instructions regarding the paym ent of criminal monetary penalties: FINE TO BE PAID IN FULL NO LATER THAN FOUR MONTHS FROM THE DATE OF SENTENCING.
the court has expressly ordered otherwise, if this judgm ent im poses im prisonm ent, paym ent of crim inal m onetary
during im prisonment. All crim inal monetary penalties, except those payments made through the Federal Bureau ns' Inm ate Financial Responsibility Program , are made to the clerk of the court.
shall receive credit for all paym ents previously made toward any crim inal monetary penalties im posed. and Several and Co-Defendant Names and Case Numbers (including defendant num ber), Total Am ount, Joint and Several t, and corresponding payee, if appropriate:
he defendant shall pay the cost of prosecution. e defendant shall pay the following court cost(s): e defendant shall forfeit the defendant's interest in the following property to the United States:
"A" TO PLEA AGREEEMENT UNITED STATES DISTRICT COURT
THE EASTERN DISTRICT OF CALIFORNIA
Conditions of Three-Year Term of Court Probation
All submissions and reporting to the State of California, Department of Toxic Substances Control (hereinafter, "DTSC") required by the special conditions in
or by the Plea Agreement in this case will be made to the following
Baeza Supervising Criminal Investigator California Department of Toxic Substances Control 1001 "I" Street, P.O. Box 806 Sacramento, California 95812-0806 firstname.lastname@example.org
2. All requirements listed in this Appendix shall be completed by Professional Asbestos Removal Corporation, aka, PARC Environmental, (hereinafter "PARC")
(6) months of the entry of the plea of guilty as per the attached Plea
the three-year term of probation, PARC will abide by all applicable local, federal laws and regulations governing the conduct of its business. This includes, but is not limited to, following all applicable laws and regulations under
Federal Resource Conservation and Recovery Act.
develop, publish and institute an ethics policy, as approved by DTSC, and ensure that every employee is trained in that policy, signing an acknowledgment intending to abide by it. Records of the policy, training and signed acknowledgements must be kept on file for the term of probation and DTSC upon request.
5. PARC will develop and implement a company policy which requires that an to an approved destination facility be obtained prior to
transportation of waste from the generator site. PARC will have the written
signed by all employees who transport waste. Upon request, said policy provided to DTSC.
conduct at least a weekly training or meeting with its staff to discuss and compliance standards. Attendance and signature of participants will be taken at each training or meeting. Attendance records of training or meetings will
the term of probation and will be provided to DTSC upon request. All must be involved in the safety and compliance meetings or trainings, unless the crews are not interchangeable. This training should include the following
a. All hazardous or non-hazardous materials and/or waste must be shipped on the appropriate shipping document (manifest or bill of lading).
b. All manifests or bills of lading must be accurately and truthful according
U.S. Department of Transportation standards. This requirement is to
representing which personnel, identified by name, worked on a particular project; and that an authorized agent for the
on all projects must sign the manifest.
and shipments of hazardous or non-hazardous materials and/or waste must be properly labeled with an appropriate label. (i.e. hazardous waste labels, non-hazardous waste, medical waste, non-DOT non-regulated waste, universal waste, etc.)
person to be responsible and accountable to receive, track and ship hazardous waste from the facility. The person will maintain a log of
indicating the date of arrival and departure from the PARC
e. All records must be kept for at least the statutory three years and provided to DTSC staff upon request.
f. Develop and implement the use of a checklist of the compliance requirements in Sections 5a-5d above, for use at the "tail-gate" meeting
Section 9 of this Appendix. the term of probation, all employees dealing with or handling hazardous
manifests and bills of lading are required to attend and successfully
to V of the California Compliance School Training. Forepersons the California Compliance School. Technicians and drivers must go to the Hazardous Material Transportation 8-Hour Training. Abatement crews who
not interchangeable are excluded from this requirement.
8. PARC will develop and implement a training plan for new employees incorporating their attendance at the California Compliance School Training. The
plan must be submitted to DTSC within 30 days of the date on which the Agreement in this case is executed. Specifically, under this training plan, all new employees dealing with or handling hazardous materials, manifests and bills
are required to attend and successfully pass Modules I to V of the
Compliance School Training. Forepersons must go to the California
School. Technicians and drivers must go to the Hazardous Material Transportation 8-Hour Training. Abatement crews who are not interchangeable
excluded from this requirement.
9. PARC will hire a full-time regulatory compliance officer with education, training experience in the hazardous waste operations field acceptable to DTSC.
DTSC will first approve the hiring of such an officer. If PARC has already hired
person and the person's qualifications will still need to be DTSC for its approval.
10. PARC will develop and implement a mandatory policy to conduct a "tail-gate" at the customer site at the beginning and end of each work day. PARC
must have at least a 5-minute tailgate meeting before starting work on the site and
the site. prepare an inventory list of all materials (i.e. drums, containers,
taken to a customer site. PARC will also record the materials number returned.
12. PARC will develop and implement a policy whereby a job sheet, which indicates
time on site, as well as materials used and number of drums or containers shipped
the customer. These jobs sheets will be applicable to all hazmat jobs, not abatement jobs. Additionally, PARC will ensure that the following
met at every hazmat job: proper description of the waste or materials removed from the site must listed on the job order. PARC will prepare a profile for each waste stream per job, per site, listing the proper shipping name and profile
the job order. job order must be signed by the generator and by PARC prior to the site or transportation of waste. PARC will develop a document that will list the hours spent on the job, waste taken, and
A copy must be left with the generator and a copy must remain in the job folder.
13. PARC will ensure that all employees that are assigned to work on any clandestine lab clean-up sites, will first fully undergo and complete a criminal
background check to the satisfaction of the contract for service with any local,
federal law enforcement or governmental agency. Upon DTSC request PARC must submit proof that it has met this requirement through a packet
completion of background checks.
14. PARC will not store waste in a connex box, as DTSC has determined that placing in a connex box does not constitute in transit. Additionally, PARC will
to the following standards:
will be placed in a truck or van trailer while it is onsite at PARC. PARC will either not lift roll-offs containing drums; or inspect containers
keep manifests in the driver's side seat or according to U.S. Department of Transportation guidelines for hazardous waste/materials in
c. Waste in transit will remain in original containers and will not be handled except to transfer it from one vehicle to another for the purposes of
PARC must be able to track any waste in transit. provide consent to DTSC for unannounced inspections at its business locations and clean-up sites during normal business hours. Consent will be for the duration of the term of probation.
16. Hazardous waste/materials that are abandoned or left at PARC's facilities by unknown entities will be properly logged and inventoried. PARC will certify that such wastes have been abandoned prior to transportation and disposal of the
time will PARC treat or consolidate hazardous waste and materials unless it has applied for and received a permit to do so.
and an inventory must be kept on file for a period of five years. This is a separate record for materials that PARC has previously stated have been abandoned at their facility. The records must refer to the manifest numbers and be shipped according to hazardous waste generator
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